A new president always brings new priorities and political goals, especially if he belongs to a different political party than his predecessor. In early 2021 and early in the Biden era, we should also expect a significant shift in the health program. Below are the top priorities to keep in mind. The sweeping changes that have taken place are the result of a series of changes to patient record confidentiality for substance use disorders under 42 C.F.R. Part 2 (Part 2) by SAMHSA over the past four years – most recently in August 2020. While controversial, the revisions are intended to align Part 2 with HIPAA`s less stringent provisions, particularly with respect to consent requirements for processing, payment, and healthcare, as well as restrictions on new disclosure. On the horizon. The growth of data exchange continues unabated. Under the new interoperability rules, there are many opportunities to develop and license technologies to promote data exchange. However, data owners and recipients should carefully navigate the confusing patchwork of applicable federal and state laws. As the U.S. privacy regulatory landscape evolves, regulated and unregulated healthcare players must balance interoperability opportunities while acting as good stewards of health information. Going forward, the Federal Trade Commission and states will likely be more active on privacy issues as data moves from regulated rooms to unregulated spaces.

And perhaps comprehensive federal data protection legislation will follow soon after. New Internet Technologies, “The HITECH Act: The Teeth and Claws of HIPPA” Based on this year`s article, a special 10-part podcast series has been created that brings together thought leaders from across the health law field to discuss the top ten topics of 2021. One question we will undoubtedly face more in 2021 than last year is: how will healthcare employers be liable (and therefore liable for damages) to their employees? The HIPAA Privacy Policy protects personal health information and gives patients a variety of rights. The Health Act provides rights and protections that make coverage fairer and easier to understand. Certain rights and protections apply to plans in the health insurance market® or to other individual insurance plans, some to workplace plans and others to comprehensive health insurance. The coverages listed below may not apply to health insurance plans. Alaap Shah is a member of Epstein Becker & Green PC. Alaap is co-chair of the privacy, cybersecurity and data asset management team.

His practice focuses on proactively and reactive advising and advocating for healthcare, life sciences and technology companies on a variety of legal and regulatory compliance issues. Alaap`s scope of practice includes supporting clients in the areas of health information technology, interoperability, big data analytics, digital health, establishing and auditing privacy and cybersecurity compliance programs, responding to data breaches and, and building trust through contracts, compliant technology architecture, and risk allocation strategies. The Health Information Technology for Economic and Clinical Health (HITECH) Act, enacted in 2009, is often referred to as the “teeth” of HIPAA. It requires audits of healthcare providers to ensure they comply with HIPAA privacy and security requirements. The law sets high standards for information security and provides financial security and penalties for healthcare providers and affiliates to encourage them to adequately protect patient information. Transaction trends. In 2021, we expect a variety of providers, including for-profit and not-for-profit health care systems, academic medical centers, and independent hospitals, to pursue joint ventures or memberships with partners to strengthen core offerings and strengthen the continuum of care. It is likely that the focus will increasingly be on healthcare operations, supported by pandemic-related changes in public and private reimbursements, such as telemedicine, home care and ambulatory care services. Providers can also accelerate their transition to value-based pension plans to protect against reimbursement fluctuations. Health care systems, insurance companies, and private equity firms will likely continue to look for ways to partner with or acquire groups of physicians who may be more open to such relationships due to pandemic-related financial hardships.38 Some systems may be able to monetize non-core assets. such as: deriving real estate or activities in troubled or remote markets.39 We expect relationships tailored to specific service areas.

Partners and markets will continue to drive healthcare transactions in 2021. Torrey J. McClary is a partner at King & Spalding in Los Angeles, California. Torrey has extensive experience and knowledge in managing acquisitions, joint ventures and restructurings in the healthcare sector. She has structured and negotiated some of the most well-known and complex healthcare system transactions in the U.S. in recent years, and currently advises healthcare systems and academic systems across the country on a range of complex and innovative healthcare transactions.